Re B.C. Motor Vehicle Act, [1985] 2 SCR 486

This matter went to the Supreme Court of Canada as a reference case (i.e. a question asked of the courts by the government), and led to the determination that the section of the B.C. Motor Vehicle Act which made it an absolute liability offence to drive while prohibited was unconstitutional. Continue reading

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Filed under Section 7: Life, Liberty, & Security of the Person

Hunter et al. v. Southam Inc., [1984] 2 S.C.R. 145

This was the first major case in which a piece of legislation was struck down as a result of the legal rights protected by the Charter. The Supreme Court of Canada found problems with a section of the Combines Investigation Act which granted prior authorization for warrantless searches by the Restrictive Trade Practices Commission. This legislation was challenged by Southam Inc., and ultimately struck down by the Supreme Court, in an early demonstration that Canada’s judiciary intended to take its new found Charter mandate seriously. Continue reading

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Filed under Section 8: Search & Seizure